Quick Guide to Common Law Marriages in Utah
Common Law Marriages in Utah
A common law marriage in UT allows two partners to informally declare their marriage, and most states prohibit common law marriages. Utah residents will usually declare a common law marriage if they do not want a traditional wedding ceremony but still want the tax benefits of a legal marriage, or they may declare the common law marriage in UT for other reasons. The majority of the information in this section about a common law marriage in Utah can be referenced within §30-1-4.5 of the state’s revised code:
The state will only recognize a common law marriage in UT if the two parties meet the following qualifications:
1. parties are of legal age, over the age of 18 for common law marriage in Utah
2. are legally allowed to enter into a solemnized marriage
3. have cohabited before the common law marriage in UT
4. mutually assume marital rights, duties, and obligations within the common law marriage (Utah)
5. hold themselves and have a general reputation as husband and wife even before the common law marriage in Utah
This section of code on common law marriage in UT also states the court will determine the validity of such marriage within one year following the termination of such a relationship. If you need legal advice and assistance, contact Utah lawyers.
Validity of Common Law Marriages (Utah) in other States
There are few laws that address common law marriage in the US besides laws for common law marriage in Utah or other states that allow such unions. However, there are usually two factors that will motivate another state to recognize a common law marriage in Utah or other state that allows the marriage: the man and woman have signed power of attorney papers while in the relationship, and the marriage was contracted in a state and district that recognized such a union—such as a common law marriage in UT.
In order to validate the legal common law marriage in Utah within another state, the other state’s court will consider several factors in certain cases like a divorce or separation proceeding. The court will usually consider the following aspects for recognizing common law marriages in Utah and within their state:
• the two parties actually cohabitated in an out of state jurisdiction, such as Utah or another state that establishes validity
• the out of state jurisdiction had established common law marriage requirements
• the date of actually declaring the common law marriage in Utah can be established by the court
• even in common law marriages in Utah, the court may also determine if there were any power of attorney documents signed prior to the cohabitation
If two couples want an outside state to recognize their common law marriage in Utah, the two couples are usually advised to sign power of attorney documents. Two couples will normally establish a durable power of attorney and medical power of attorney with help of a qualified legal professional before officially declaring the common law marriage in UT.
If couples reached former agreements before their common law marriages in Utah, another jurisdiction that normally doesn’t recognize such unions may recognize such agreements. If you are unsure whether an outside state will recognize your common law marriage in Utah after you have moved out of state, you should speak with an attorney to help determine if the case may be arguable in court.
Even after a court has heard testimony and evidence, they may still not recognize the common law marriage in Utah within the out-of-state jurisdiction. The state may even have laws that proclaim the state will recognize all marriages legal in out-of-state jurisdictions, such as a common law marriage in UT), but they still may not recognize the common law marriages. Utah residents should regard more information on this website about common law marriages.